Can unregistered trademarks be used?

Such trademarks do not receive complete legal protection and can be used freely by anyone. Natural persons, legal persons or other types of entities, if their goods or services require exclusive rights to trademarks during their production and operation activities, they should submit a trademark registration application to the Trademark Office. Next, the editor of Legal Savior Network will introduce relevant content to you.

1. Can unregistered trademarks be used

Official registration has not yet been carried out Although trademarks can still be used, it is worthy of our attention that such trademarks are not fully protected by law.

If any individual or organization wants to obtain exclusive rights to trademarks for goods or services in the course of commercial operations, it must report to the relevant intellectual property department ( Here we take the Trademark Office as an example) to apply for a registered trademark before it can take effect.

Article 4 of the Trademark Law of the People's Republic of China

Natural person, legal person or other organization In production and business activities, if you need to obtain the exclusive right to use a trademark for your goods or services, you must apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks.

2. Can categories be added after the trademark is registered?

In the trademark registration process, each trademark submitted for registration can only be designated as one of the 45 trademark classifications and related products or products. It is a specific description of the service. Only in this way can we accurately stipulate the specific uses and legal protection areas to which this particular trademark is applicable.

Therefore, during the trademark registration process, it is not possible to select multiple categories for registration at the same time.

To make the registered trademark cover more categories, the only feasible way is to submit registration applications for each different category. Finally, when all registration procedures After all are successfully completed, the applicant can successfully obtain a registered trademark covering multiple different categories of subject matter.